Clarke v. Upton, et al

Filing 144

ORDER vacating hearing date of 12/5/2011 and taking matter under submission signed by Chief Judge Anthony W. Ishii on 12/1/2011. (Nazaroff, H)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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SANDRA UPTON, AMPARO
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WILLIAMS; DEPARTMENT OF
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SOCIAL SERVICES; and COUNTY OF )
MADERA
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Defendants.
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____________________________________)
STANLEY BRADFORD CLARKE,

1:07-CV-0888 AWI-SMS
ORDER VACATING
DECEMBER 5, 2011,
HEARING DATE AND
TAKING DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT UNDER
SUBMISSION

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Defendants have noticed for hearing and decision a motion for summary judgment. The
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matter was scheduled for hearing to be held on December 5, 2011. Pursuant to Local Rule 7815
230(c), Plaintiff was required to file either an opposition or a notice of non-opposition no later
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than November 21, 2011. Plaintiff has not done so.
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Due to Plaintiff’s failure to file a timely opposition or notice of non-opposition, he is in
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violation of the Local Rules. See Local Rule 78-230(c). Plaintiff is further not entitled to be
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heard at oral argument in opposition to the motion. Id. The court has reviewed Defendants’
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motion and the applicable law, and has determined that the motion is suitable for decision
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without oral argument. See Local Rule 78-230(g).
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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of December
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5, 2011, is VACATED, and no party shall appear at that time. As of December 5, 2011, the court
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will take the matter under submission, and will thereafter issue its decision.
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IT IS SO ORDERED.
Dated:
0m8i78

December 1, 2011
CHIEF UNITED STATES DISTRICT JUDGE